Commissioner for Human Rights

The Commissioner for Human Rights Marcin Wiącek has filed complaints against several local resolutions labelled as "anti-LGBT", citing violations of the Constitution, international law and EU law. He criticises the resolutions for violating constitutional rights such as freedom of expression and non-discrimination, as well as EU laws protecting against discrimination on the grounds of sexual orientation and gender identity. The Commissioner stresses that while the legal and ideological debate surrounding LGBT people is legitimate, it must respect contemporary human rights standards, avoid discrimination, and respect human dignity. Wiącek also claims that the resolutions overstep the powers of local authorities and create a hostile environment for LGBT people.
The Commissioner also reminds of the measures taken by the European Commission, including the suspension of EU funds to local governments that maintain discriminatory resolutions. The Commission's stance is in line with efforts to uphold the principles of non-discrimination and human rights within the European Union.
Previously, following the Supreme Administrative Court's ruling of 28 June 2022, in which the Court found that the resolutions had been adopted without legal basis and were invalid due to a gross violation of the law, the Commissioner addressed all authorities where such resolutions were still in force. In letters to 24 municipalities and 12 districts, the Commissioner indicated that the authorities should take into account the legal assessment of these resolutions by the administrative courts. As a result, some local authorities repealed or revised the discriminatory resolutions (30 local authorities). Others maintained their positions.
Subsequently, the Commissioner filed complaints to the provincial administrative courts against six resolutions that remained in force. In January 2024, four of these six resolutions were annulled by the administrative courts - those in Kock, Świdnik, Zakrzówek and Potworów.